HomeMy WebLinkAbout4019 ORDINANCE NO.
AN ORDINANCE amending Ordinance No. 2914, §11,
§12 and §13.
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN:
SECTION 1: Ordinance No. 2914, §11 is hereby amended to
read as follows:
SECTION 11: REMOVAL FROM PRIVATE PROPERTY--COST
ASSESSMENT- Abandoned, wrecked, dismantled or inoperative
vehicles or automobile hulks or parts thereof may be removed from
private property by the Chief of Police, a tow truck operator
qualified under this Chapter, or other agent or designee of the
Bremerton Chief of Police. Costs of removal shall be assessed
against the last registered or legal owner of the vehicle or
automobile hulk if the identity of such owner can be determined,
unless such owner in the transfer of ownership of such vehicle or
automobile hulk has complied with RCW 46.52.104, or the costs may
be assessed against the owner of the property on which the
vehicle is stored. In the event vehicles or parts thereof are to
be removed from private property, notice of said removal shall be
given and the last registered or legal owner of the vehicle or
the property owner may file a written appeal with the Office of
the Hearing Examiner prior to removal of the vehicle. Said
notice shall be given in writing to the last registered owner of
record and the property owner of record and shall state that a
hearing may be requested before an examiner within fourteen (14)
calendar days, and that if no hearing is requested, the vehicle
or automobile hulk will be removed.
SECTION 2: Ordinance No. 2914, §12 is hereby amended to
read as follows:
SECTION 12: HEARING--NOTICE - If a timely appeal is
filed with the Office of the Hearing examiner, notice of a
hearing on the question of abatement and removal of the vehicle
or part thereof as a public nuisance shall be given in accordance
with the provisions of the Administrative Procedures Ordinance of
the City (Ordinance No. 3961) to the owner of the land as shown
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on the last equalized assessment role and to the last registered
and legal owner of record of the vehicle unless said vehicle is
in such condition that identification numbers are not available
to determine ownership.
The hearing before an examiner shall be conducted in
accordance with the procedures for conducting hearings on appeals
of administrative decisions in the Administrative 'Procedures
Ordinance. The determination appealed fr.om shall be regarded as
prima facie correct. The examiner may affirm or reverse the
final decision of the Chief of Police or his agent to remove the
vehicle and to assess a particular party for the cost of removal.
The decision of the examiner shall be final unless a petition for
reconsideration by the examiner is accepted or appeal of the
examiner's decision is taken to the City Council pursuant to the
provisions of the Administrative Procedures Ordinance.
SECTION 3: Ordinance No. 2914, §13 is hereby amended to
read as follows:
SECTION 13: HEARING--DETERMINATION- As a party of
record, the owner of the land on which the vehicle is located may
appear in person at the hearing before an examiner or present a
written statement in time for consideration at the hearing, and
deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial. If it is determined at the
hearing that the vehicle was placed on the land without the
consent of the landowner and that he has not subsequently
acquiesced in its presence, then the local agency shall not
assess costs of administration or removal of the vehicle against
the property upon which the vehicle is located or otherwise
attempt to collect such costs from the owners.
APPROVED by the City Council on the first reading this
day of _
PASSED by th~/City Council of the City of Bremerton, signed
by the Mayor a~/attested to by the City Clerk in authentication
of such passage this -~ day of ~~~ , 1986.
Gg~ ~~~0 E ,
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ATTEST:
KATHLEEN L. McCLUSKEY, Clerk